Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-05-12
PRIMARY ELECTION LAW
F0Iz TEXT or THE LEGIsEATIHE
ACT,
Qualifications of voters Duties and
Obligations OF -Precn n
ticns Aghanst Fraud and Uorrup-
m--k'eahaities, ac.


ticns Against Fraud and Uorrup-
1ion--Rsahaities, ke.
-
Following Is the text of State Senator
McWhorter's primary election law in the
shape that II passed the General Assembly
being Transcript (through the courtesy
OF City Auditor BalD from q certified copy
Of the act received In this city yesterday.
In three places q few not very important
words are missing In the certified copy
lowing evidently either TO errors in
enrollment or in copying.) These miss
ing words have been supplied and are
designated by being enclosed in brackets.
AN kcr IN RELATION TO PRIMARY KLEorIoSs.
BE Il enacied BY the Senate and House Of
Representatives Of ne State Of Dela,0are IN
General Assembly met:
Section l. That every election hereafter to
be held by any political party, organization
or oraseociation, Tor the purpose OF nominating
or selecting candidates by ballot TO be voted
for ut any subsequent election, or for the
purpose OF selecting delegates or represent
htiyes to any political convention thereafter
10 be held for the purpose OF selecting c,ln-
dldatea as aforesaid, shall be held by one
presiding ofilcer and two Judges az each
voting precinct, and II It should 90 happen
Judge should have been appointed by such
political party, organization or association
TO hold such election, or having been APP
pointed and being absent, the electors there
present at tho hours appointed for opening
such election Shall proceed without ballot
TO choose from among the qualified voters
OF the election district there present d pre-
siding officer, Judge or judges, as the case
may require, and In choosing such Presiding
officer, Judge or Judges, two qualified voters
OF the district, 10 be nominated and ap-
pointed BY the electors. shall be the Judge
or Judges.
Sec. II. Before opening the election, the
presiding officer and judges shall bach. take
an oath according to the following foi m,
viz: / do solemnly swear (or affirm) TINT
la the election to he this day held, will not
knowingly or wilfully receive or consent to
the receiving OF the vote OF any alien, and
also that will not receive or consent to the
receiving OF the vote of any person whom
shall believe not entitled TO vote unless my
associates shall afjudge such person to be
entitled TO vote; that / will not ro-
ceivo or reject, nor concur In reas
ceiying or rejecting any vote through
Partially or under bias and that Twill de-
termine every matter thatshall come before
mo, and perform every act and duty by law
required Of me touching the said election,
truly, faithfully and impartially according
to the best OF my skill and Judgment; that
will cause the ballots that shall be taken
ut this election to be fully read and aseer-
tained, and true statement thereof to be
made according to the best OF my knowl-
edge and ability and II l shall discover any
partialiry, unfairness or corruption In the
conducting OF the said election shall dis
close the same to the executive authority
that shall have directed the holding OF the
election, and to the attorney general, TO
the end that the subject may be investi.
gated: SO help me God, (or so solomnly
aiflrm.)
Sec. III. The oath or affirmation pre-
Boribed In the preceding section shall be
administered to the judges by the presiding
officer and by one OF them to him, each OF
whom are hereby empowered and directed
to administer oaths pursuant to the pro-
visions of this act.
Sec. Nv. Each OF the said judges aftel
being duly qualified shall choose one elerk
OF the election, 10 whom the presiding
officer or one of the judges shall administer
the oath or affirmation as follows, viz: You
do solemnly swear Cor afllrm) that as elerh
OF this election you will not use or assent tC
any falsehood, fraud or deceit, and that yor
will keep the polls and perform your duties
truly, faithfully and impartially; 80 helI
you God Tor 30 you solemnly affirm). ii II
reading the votes and keeping the tally list
4. II shall become necessary to appoint ono o.
more additional clerks, the presiding office
and Judges may do so, administering e
each clerk 80 appointed the foregoing oatl
or affirmation.
n. Hee. v. Any presiding officer, judge o
clerk who shall hold any election for IN
selection OF candidates as aforesaid withou
nrst having been qualified and sworn us
hereinbefore provided, shall be deeme
guilty OF misdemeancr and shall forfei
and pay the sum OF S100 to any person VIII
may sue for the same, and upon conviction
thereof by indictment In the court OF gen
eral sessions OF the peace and jail deliver
In the county where such offence was com
mitted shall forfeit and pay the sum OF 300
one half for the use of the State and tn
other half TO the informer, and be In
prisoned In the county jail until oil lines
forfeitures and costs be paid In full.
Bee. vi. Before opening the election IN
presiding officer and judges shall proVld
for tho purpose two ballot-boxes OF sum
cient size TO contain all the ballots OF "a
election district with one OF the tally list
and certificates OF election; In the lid
one OF the boxes there shall he hole sufi
ciant only to admit with convenience on
ballot; the lid OF the other box shall 9
without hole, and before opening the eleS
tlon the presiding officer and judges sha
In the presence OF the electors lhsi
present examine the ballot-box having
hole In the lid thereof, and see that III
Y same contains nothing the box shall the
he Dnbllcly closed and the lid secured
fastened, and shall be kept by the presidin
officer until the same shall be opened
hereinafter directed.
Sec, VII. The qualification OF eieeto
under this act shall be such as the politic
party organization or association auth0rl
ing such election may prescribe and pu'
Ush. provided, however, that no perso
shall be legally qualified to vote WI
will NOT be qualified to vote az the su
cseding election for Whlcn eandiuates y
E.h nd AAfHnIt
nrsseribed or published rule thepast usa0
Of such political party or organization shl
ba reeoRnized and adopted, and ignoran
OF such past usages shall be no defen
against any OF the penalties OF this act, y
the court shall construe such usages accor
ing to equity and Justice. ~.
Rae. win. II a vote be objected to, It's q
mission or rejection shall be deterinin
according to the opinion OF majority OF !
Iudves. hut either OF the judges may reqnl
the presiding officer to administer 10
person claiming TO vote the iolioW,ns ~
or affirmation, viz; You DO soienhly sWs 'se
Tor AFFIRM that you are legally quallii
Voter under the rules OF the party or org
izatIon or association authorizing this OF
lion. that yon will be legally quallnen
vote at the following election lot whi
candidates are now being seleeteu "
voted for, that you are at this time y ~ =,
fide resident OF this election district, u
Won have not voted and will not vote at
other place on this day. ANY person,
flsine 10 take such an oath (or afiirmatlt
ifso renuired shall not be- permitted 10 NY
hut no person shall be required ofperhlt
toI fake such oath Tor alfirmatlonl II
ind0es or a majority OF them snail IT
their own knowledge, or from the clrou Y
stances appearing, consider that sucn
son Is not entitled TO vote, ana Wnere !e,'a,
objection iB based upon the NANNY einS,
right OF such person to vote ~ ths '4, eieot
for which candidates are tneI ,,ter penS
indres NAV require the production OF y
nvidenee rs would be required 70 enI
atleh person to vote at any general elecIl y
p Sec. TX. II any person shall III IAh
suah oath or affirmation mentioned ~
foreqoinn section, swear or atirm ia.ls
ha ahall npon conviction be subJect 70
aame penalties and punishment US shhi
ths time be provided by law against WI
and corrupt perjury. .n.,v o,ali
Sec. X. lf any person mol peing aqrSi 20
voter under the published ruies rNs,o,o, II
political party organization OF n assoH oSac,
authorizing the holding ol uSar suSa the i
paSnIatin0 the qualifications Of voter
General elections shall by any trauo, ue 9
or pretense vote or attempt 70 Voto ee !, Z
eleetIon. or II any person SNAIL Voto ~ ~
femnt 10 vote more than one uIne ", ~
CANT, dav or TO vote In any otner eieS
diatrlet Than the one in which ne ls
ada resident, or vote or attempt W
more than one ballet ut any eleetoh :,
trIet. such person shall Tor every BUY, suo,
fence be deemed guilty OF . nlsIonJt' al.SS nj
and shall upon conviction pe nnon .n,.,,1 ~. ~
800, and be imprisoned Ior e, .ne ~ rom
wear and be forever deDarreu nvsl saa,
yosIAH - - ,ratIne or holding any 0ult